News

In this lecture, Alison Padfield QC will explain and discuss non-party costs orders against insurers.

War Risks Cover – The Drugs Don’t Work

Tuesday 24th July 2018 – 13:00 – 14:00

In this BILA lecture, Philppa Hopkins QC and David Walsh of Essex Court Chambers will examine the recent Supreme Court decision in Navigators Insurance Company Limited & ors v Atlasnavios – Navegação LDA (The “B Atlantic”) [2018] UKSC 26

Philippa Hopkins QC and David Walsh of Essex Court Chambers will examine the recent Supreme Court decision in Navigators Insurance Company Limited & ors v Atlasnavios – Navegação LDA (The “B Atlantic”) [2018] UKSC 26, in which the Court held that war risks underwriters were not liable for the total loss of the “B Atlantic”, which had been confiscated by the Venezuelan authorities after cocaine was found attached to her hull. They will consider the Supreme Court’s treatment of the malicious act peril and the infringement of customs regulations exclusion, and they will reflect on the implications of the case for the market.

2nd July 2018

“Too Big to Fail?”

The collapse of the construction and outsourcing giant Carillion hit the headlines earlier this year. This, coupled with other regular news stories of data breaches and misuse of personal information on a seemingly industrial scale, raise the spectre of systemic issues that have the potential severely to disrupt commercial life. In an era of ever greater inter-connectivity, can financial institutions, companies or infrastructure ever be “Too Big to Fail”? And when things do go wrong, what is the role of insurance?

Join BILA on 2 July for a discussion of the insurance, legal and regulatory issues involved when the “Too Big to Fail”, do fail. 

Direct Rights of Action/Anti-Suit Injunctions

Friday 15th June 2018, 13:00 – 14:00

In this BILA lecture, David Lewis QC and Oliver Caplin will discuss the direct rights of action/anti-suit injunctions

David and Oliver will explore legal issues surrounding third party claims advanced against insurers under direct action statutes, covering both English and European jurisprudence. Amongst other things, they will draw on their experiences of acting for the direct action statute claimant in the Court of Appeal in The Yusuf Cepnioglu [2016] 3 All ER 697, addressing the consequences of that decision for insurers and direct action claimants seeking or resisting anti-suit injunctive relief, and the impact that case has had, and might have had for this area of law had it been heard (as it almost was late last year) by the Supreme Court.

Insurance-Linked Securities

Friday 18th May 2018 13:00 – 14:00

In this BILA lecture, Katherine Coates will talk about Opportunities for U.K. based ILS issuers under new U.K. ILS legislation

Summary of the key aspects of the new legislation
● Structures available to UK issuers
● Initial practical experience of the new regime
● Some of the differences between UK and other regimes
● Market opportunities

Latin American Jurisdictions – A discussion of global insurance programmes and the challenges they present.

Friday 20th April 2018, 13:00 – 14:00

In this BILA lecture, Christopher Cardona (HFW London) and Geoffrey Conlin (HFW Paulo) will talk about their experience of Latin American jurisdictions to inform a discussion of global insurance programmes and the challenges they present.

In an increasingly global marketplace, many international corporates operate in a wide variety of jurisdictions, where the commercial, fiscal and regulatory environment differs significantly from that of their home territory. While such companies face different risks across the globe, they want to ensure that they manage their risk in a consistent manner wherever they are doing business. The assessment of that risk and the composition of an appropriate insurance programme is a huge challenge.

In this presentation, Christopher Cardona (HFW London) and Geoffrey Conlin (HFW Paulo) will use their experience of Latin American jurisdictions to inform a discussion of global insurance programmes and the challenges they present, focusing in particular on the so-called financial interest clause, which purports to provide cover to a parent company in respect of any damage to its financial interest in its overseas subsidiaries.

They will consider:

• Different types of global programme e.g. local policies, global policies, controlled master programs and the operation of DIC/DIL and financial interest clauses
• Some of the main challenges posed by local regulatory, legal and claims regimes of key Latin American jurisdictions e.g. fronting ins/reinsurers, cession rules, interest and monetary correction
• Potential advantages and disadvantages of financial interest clauses
• English and local law issues when considering financial interest clauses e.g. insured interest, calculation of indemnity and local compliance issues